Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana. The full economic impact from hurricanes and other natural disasters may not be realized for months.
Archives for October 3, 2021
In September 2021, Congress continues to debate a bipartisan infrastructure bill. The Biden Administration estimates that if its $1 trillion plan is enacted, the legislation will create up to two million new job per year for a decade. Many, if not most, of those new jobs would be in the construction industry.
The District of Columbia has enacted emergency legislation expanding the District’s Universal Paid Leave Act (UPLA). The legislation takes effect on October 1, 2021, and lasts for no more than 90 days.
In the latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss the emerging class action risks that arise at this stage of the COVID-19 pandemic, as employers navigate return-to-work challenges including employee screening, mask and vaccine mandates, and the need for ongoing safety measures as the crisis persists. We also take a look at the state of class action COVID-19 litigation.
OFCCP Issues Second Construction Contractor Audit List, Increasing Scrutiny of Contractor Compliance
In the construction industry, where multiple companies working closely together abound and where it is more difficult to monitor employee behavior because many employees are in the field, more incidents of inappropriate behavior occur.
The Office of Federal Contractor Compliance Programs (OFCCP) has long been interested in greater scrutiny of the affirmative action planning (AAP) efforts of contractors performing construction work directly for the federal government or in connection with federally assisted construction projects.
During an Occupational Safety and Health Administration (OSHA) inspection, the OSHA official, escorted by management, will tour the facility or construction site to observe working conditions, identify violations, and so on.
When assessing whether a private employer must allow others access to its private property for union organizational purposes, the National Labor Relations Board’s (NLRB) precedent often has hinged on whether the person seeking access is an employee, a third-party union organizer, or an onsite contractor’s employee.
Jenifer Bologna discusses the logistical challenges of workers managing increased childcare needs while working from home during the COVID-19 pandemic in “Employers Want to Get Past Era of Kids Popping Into Office Calls,” published by Bloomberg Law.
Justin Barnes and Jeffrey Brecher discuss the practical implications of the U.S. Department of Labor’s Final Rule regarding tip sharing under the Fair Labor Standards Act in “DOL Issues Final Rule on Tip Sharing and Employer Penalties,” published by SHRM.
Recently we provided an overview of expected vaccine mandates for: (1) employers with 100 or more employees, (2) federal contractors, and (3) healthcare employers.
In a recent en banc decision (meaning the case was heard before all the judges rather than a panel of three), the US Court of Appeals for the Fifth Circuit held that a tool pusher earning more than $200,000 a year was entitled to overtime because the day rate he was paid did not qualify as a “salary” under the Fair Labor Standards Act (FLSA).
Twenty-five attorneys in Goldberg Segalla’s Garden City, Manhattan, and White Plains offices have been listed in the 2021 New York Metro edition of Super Lawyers.
On September 10, 2021, the California Court of Appeal broadened the test for joint employment in California, lowering the bar for what constitutes sufficient control by business over its vendor’s employees’ wages and working conditions and opening these businesses up to potential liability.